DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim 1 is rejected under 35 U.S.C. 102 (a)(2) as being anticipated by Bourgeois (US 4,796,308). Bourgeois discloses a helmet system (10) including a shell (12) including a first side region (32) and a second side region (34) positioned opposite the first side region wherein at least one of the first side region or the second side region includes an inner surface facing an interior region of the shell and an outer surface facing away from the shell as shown in figures 1 and 2. Further, a clip element/retainer (30) includes a base portion/body (44), a hook portion (40) extending from the base portion and an engagement element on the hook portion/latch surface (40S), col. 4, line 15 – col. 5, line 21. In addition, the base portion includes a strap retainer (46), col. 4, lines 54-58. The clip element/retainer (30) is configured to engage with the first side region (32), wherein when the clip element/retainer (30) is engaged with the first side
region (32), the hook portion (40) extends through an opening in the first side region (32) and the
base portion is positioned outside the shell, col. 4, lines 50-61 as shown in figure 1.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §
2146 et seq. for applications not subject to examination under the first inventor to file provisions
of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 7-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-13 of U.S. Patent No 12,262,774. Although the claims at issue are not identical, they are not patentably distinct from each other because as follows:
Instant application ‘262
7. A helmet system comprising: (a) a shell comprising an inner surface facing an interior region of the shell and an outer surface facing away from the shell; and (b) a clip element, wherein the clip element comprises: (i) a base portion having a means for adjustably retaining a portion of a strap; and (ii) a hook portion extending from the base portion and having an end positionable to engage the inner surface via engagement between a socket and a projection; wherein when the projection engages the socket, a portion of the shell is positioned between the base portion and the end.
8. The helmet system of claim 7, wherein when the projection engages the socket and the portion of the shell is positioned between the base portion and the end, the hook portion extends through an opening in the shell, and the means for adjustably retaining the portion of the strap is positioned outside of the interior region.
9. The helmet system of claim 7, wherein the shell includes a lateral flap, and wherein the lateral flap comprises the inner surface.
10. The helmet system of claim 7, wherein the means for adjustably retaining a portion of a strap comprises one or more of: a ladder-lock buckle, a D-ring, a clamp, or a plurality of teeth.
11. The helmet system of claim 7, wherein the projection snaps into and out of the socket.
12. The helmet system of claim 7, wherein the socket comprises a generally cylindrical shape and the projection comprises a generally cylindrical shape.
13. A helmet system comprising: (a) a shell comprising an inner surface facing an interior region of the shell, an outer surface facing away from the shell, a lateral flap extending from a side region of the shell, and an opening in the side region; and(b) a clip element, wherein the clip element comprises: (i) a base portion; (ii) a means for adjustably retaining a portion of a strap; (iii) a hook portion having a first part and a second part, wherein the first part extends transversely from an end of the base portion, and wherein the second part extends transversely from the first part; wherein the clip element is configured to engage the inner surface of the shell to connect the portion of the strap to the shell, wherein when the clip element is engaged with the inner surface of the shell, the base portion is positioned along the outer surface, the first part extends through the opening, the second part is positioned along the inner surface within the interior region, and a portion of the shell adjacent to the opening is positioned between the base portion and the second part.
14. The helmet system of claim 13, wherein the second part extends away from the first part and toward the base portion.
15. The helmet system of claim 13, wherein the second part carries an engagement element for engaging the inner surface.
16. The helmet system of claim 13 wherein the clip element is configured to engage the inner surface via engagement between a projection and a socket for receiving the projection.
17. The helmet system of claim 16 wherein the projection snaps into the socket.
18. The helmet system of claim 13 wherein the means for adjustably retaining a portion of a strap comprises one or more of: a ladder-lock buckle, a D-ring, a clamp, or a plurality of teeth.
19. The helmet system of claim 13, further comprising the strap and a cup portion attached to the strap.
20. The helmet system of claim 13, wherein the helmet system further comprises a face protector positionable to extend across a front opening of the shell and to attach to the shell via engagement between the face protector and the inner surface of the shell.
US Patent ‘774
1. A helmet system comprising: a shell including a first side region and a second side region positioned opposite the first side region, wherein the first side region comprises an inner surface facing an interior region of the shell and an outer surface facing away from the, wherein the first side region includes a lateral flap having a socket; and a clip element, wherein the clip element comprises a base portion, a hook portion extending from the base portion, and a projection extending from the hook portion towards the base portion;, and wherein the base portion includes a strap retainer; wherein: the clip element is configured to engage with the first side region, wherein when the clip element is engaged with the first side region, the hook portion extends through an opening in the first side region, and the base portion is positioned outside the shell and the projection is positioned in the socket.
2. The helmet system of claim 1, wherein: the helmet system further comprises a face protector having a plate element; the socket is a first socket and the inner surface of the first side region further comprises a second socket; the plate element is positioned or positionable in the second socket; and the plate element and the second socket are each shaped to prevent rotation of the plate element relative to the shell when the plate element is positioned in the second socket.
3. The helmet system of claim 2, wherein the first plate element is connectable to the shell using a fastener.
4. The helmet system of claim 1, wherein the projection is configured to snap into and out of the socket.
5. The helmet system of claim 1, wherein the socket comprises a generally cylindrical shape and the projection comprises a generally cylindrical shape.
6. A helmet system comprising: a shell including a first side region and a second side region positioned opposite the first side region, wherein an interior surface of the first side region comprises a socket; and a clip element, wherein the clip element comprises a base portion, a hook portion extending from the base portion, and an engagement element on the hook portion, wherein the engagement element comprises a projection extending from the hook portion towards the base portion; wherein: the clip element is configured to engage the first side region via engagement between the engagement element and the socket; and when the clip element engages the first side region, the projection is positioned in the socket, and the base portion is positioned outside of the shell.
7. The helmet system of claim 6, wherein the first side region includes a lateral flap, and wherein the lateral flap includes the socket.
8. The helmet system of claim 6, wherein the base portion includes a strap retainer positioned to receive a chin strap.
9. The helmet system of claim 6, wherein when the clip element engages the first side region, the hook portion extends through an opening in the first side region.
10. The helmet system of claim 6, wherein the base portion supports a ladder-lock buckle.
11. The helmet system of claim 6, wherein the engagement element snaps into and out of the socket.
12. The helmet system of claim 6, wherein the socket comprises a generally cylindrical shape and the engagement element comprises a generally cylindrical shape.
13. The helmet system of claim 6, wherein the socket is integrally molded into the shell.
Claims 7-20 of pending application ‘262 and claims 1-13 of US Patent ‘774 each substantially discloses a helmet system including an inner surface facing an interior region of the shell and an outer surface facing away from the shell with a clip element defining a base portion
with a strap retainer and a hook portion extending from the base portion that engages the inner surface of a first side region having a lateral flap with a socket with a portion of the shell positioned between the base portion and an end of the hook engaging the inner surface with a projection positioned in the socket .
Allowable Subject Matter
Claims 2-6 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claims 7-20 would be allowable if rewritten or amended to overcome the double patenting rejection as set forth in this Office action.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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February 3, 2026 /TAJASH D PATEL/ Primary Examiner,
Art Unit 3732